HIPOLITO SOLANO ET AL VS RUGIERE NELSON GALVEZ MARCUCCI ET A

Tentative Rulings

Case Number: BC524540    Hearing Date: January 07, 2021    Dept: 40

DEFAULT JUDGMENT PROVE-UP CHECKLIST

(CRC Rule 3.1800)

Case Name: Hipolito Solano v. Rugiere Nelson Galvez Marcucci

Case #: BC524540

Hearing Date: 1/7/21 (OSC Re: entry of default judgment)

Defaulting Party: Defendant Rugiere Nelson Galvez Marcucci; Defendant Maruquel Galvez Vasquez

Total Amount: $1,758,121.05

BACKGROUND: Plaintiffs refinanced their homes to invest in a fraudulent Panamanian real estate investment. Plaintiffs have not received the condominiums they were promised nor has their investment been refunded. Plaintiffs Hipolito and Gloria Solano invested $139,400, while Plaintiffs Pablo Saldana, Jose Molina, Maria Lorena Batanero each invested $50,000.

[X] DEFAULT ENTERED ON: 9/9/19 for Defendants.

[X] MANDATORY JUDICIAL COUNCIL FORM CIV-100 SUBMITTED FOR ENTRY OF

COURT JUDGMENT (CRC 3.1800(a))

[X] SERVICE:

Summons and Complaint

• On February 3, 2014, Defendants were served in Panama. On January 13, 2017, Defendants’ attorney filed a motion to dismiss on the ground of forum non conveniens and therefore Defendants made a general appearance in this matter.

[X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587)

• The entry of default was mailed to Defendants’ last known address in Panama.

[X] NO PENDING MOTION TO VACATE DEFAULT

[X] SUMMARY OF CASE PROVIDED (CRC 3.1800(a)(1)) - or other declaration OK [X]

[X] EVIDENTIARY DECLARATIONS/OTHER EVIDENCE (CRC 3.1800(a)(2))

• Plaintiffs’ have provided declarations detailing how they were induced to invest by Defendants and the subsequent course of events.

• Plaintiffs have provided a copy of the purchase agreement. (Decl. Stone, Decl. Molina. Ex. L.)

[X] RELIEF PRAYED FOR IN COMPLAINT (same as requested in default?): [X] yes[ ] no

Plaintiffs Hipolito and Gloria Solano

[X] Compensatory: $ 301,308.51

[X] Punitive: $ 415,298.88

[X] Interest: $ 114,913.71

[X] Costs: $ 8,539.62

Total: $ 840,060.72

Plaintiffs Pablo Saldana, Jose Molina, Maria Lorena Batanero (for each)

[X] Compensatory: $108,513.83

[X] Punitive $149,567.04

[X] Interest: $ 41,223.30

[X] Costs: $ 8,539.61

Total: $ 307,843.78

[X] INTEREST COMPUTATIONS (CRC 3.1800(a)(3))

$289,400 (total investment) x 10% = $79.29 per day (38.19 + 13.70 +13.70 +13.70)

From 10-12-2012 to 1-7-202= 3009 days

Plaintiffs Hipolito and Gloria Solano: 3009 x $38.19= $114,913.71

Plaintiffs Pablo Saldana, Jose Molina, Maria Lorena Batanero (for each): 3009 x $13.70= $41,223.30

[n/a] ATTORNEY FEE DECLARATION -- Request according to Local Rule 3.214 or reason provided why greater fees should be allowed (CRC 3.1800(b))

[X] MEMORANDUM OF COSTS (CRC 3.1800(a)(4))

[X] STATEMENT OF DAMAGES (CCP § 425.11):

[X] Punitives demanded [X] Evidence of net worth of defendant? (There was evidence that this investment fraud was part of a large scheme in which several individuals were defrauded. (Decl. Azlin, ¶ 18.)

[n/a] DECLARATION OF NON-MILITARY STATUS?

[X] REQUEST FOR DISMISSAL OF DOES (CRC 3.1800(a)(7))

[n/a] WAS DEFAULTING DEFENDANT A DOE? (CCP § 474) - must do one of the following:

[X] PROPOSED FORM OF JUDGMENT INCLUDED (CRC 3.1800(a)(6))

TENTATIVE RULING: GANTED

Default judgment by Court entered pursuant to Code of Civil Procedure section 585(d) for Plaintiffs Hipolito and Gloria Solano against Defendants Rugiere Nelson Galvez Marcucci and Maruquel Galvez Vasquez on the Complaint filed by Plaintiffs on 10/15/2013, for damages in the amount of $301,308.51, for punitive damages in the amount of $415,298.88, for interest in the amount of $114,913.71, and for costs in the amount of $8,539.62, for a total amount of $840,060.72.

Default judgment by Court entered for Plaintiffs Pablo Saldana, Jose Molina, Maria Lorena Batanero against Defendants Rugiere Nelson Galvez Marcucci and Maruquel Galvez Vasquez on the Complaint filed by Plaintiffs on 10/15/2013, for damages in the amount of $108,513.83, for punitive damages in the amount of $149,567.04, for interest in the amount of $41,223.30, and for costs in the amount of $8,539.61, for a total amount of $307,843.78 for each plaintiff.

Counsel to file a completed Judicial Counsel Form of Judgment, JUD 100, as soon as possible. (CRC 3.1800(a) (5).